February 2011

Cameo Cleaners; Tower Select Insurance Company Hilda Bonilla WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHILDA BONILLA, Applicant,vs.CAMEO CLEANERS; TOWER SELECT INSURANCE COMPANY, Defendant(s).Case No. ADJ7138792OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the December 10, 2010 Findings and Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found …

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Vons Grocery Company, Permissibly Self-Insured Esiquio Gonzalez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAESIQUIO GONZALEZ, Applicant,Vs.VONS GROCERY COMPANY, Permissibly Self-Insured, Defendant.Case No. ADJ6651801ADJ3758568 (MON 0337147)OPINION AND DECISION AFTER RECONSIDERATION            In order to further study the factual and legal issues in this case, on July 19, 2010, we granted defendant’s petitions for reconsideration of two separate concurrently filed …

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This case involves a dispute between Andrew Martinez, the applicant, and the City of Santa Rosa, the defendant, regarding the amount of permanent disability payments due to Martinez. The defendant sought to reduce the payments by 15% under Labor Code section 46581, arguing that they had made an offer of regular work within sixty days of Martinez’s disability becoming permanent and stationary. The Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration, finding that the defendant had failed to comply with sections 4061 and 4650, and had not met its burden to show that it had no obligation to advance payments of permanent disability.

This case involves Jose Oliveira, a maintenance worker who sustained an industrial injury to his left shoulder on June 8, 2007. The workers’ compensation administrative law judge issued a Findings and Award, finding that applicant’s permanent disability was 39%. The defendant contested the impairment analysis and the Appeals Board granted the Petition for Reconsideration. After review of the entire record, the Appeals Board affirmed the Findings and Award.

In this case, Francisco Hernandez was injured while working as a custodian on May 30, 2007. The California Employment Development Department and the State Compensation Insurance Fund/State Contract Services, Adjusting Agency were the defendants. The WCJ awarded a 15 percent increase in permanent disability because the notice of available work did not issue until June 2010. However, the defendant argued that the offer was made on June 13, 2008, one month after the applicant’s treating physician opined that the applicant could return to full duty. The WCJ granted the defendant’s Petition for Reconsideration and rescinded the Award, returning the matter to the trial level for further proceedings.